BILL ANALYSIS Ó
SB 322
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Date of Hearing: July 2, 2013
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
SB 322 (Hueso) - As Amended: June 26, 2013
SENATE VOTE : 39-0
SUBJECT : Water Recycling
SUMMARY : Modifies the duties of the California Department of
Public Health (CDPH) regarding the development of uniform water
recycling criteria for indirect and direct potable reuse.
Specifically, this bill :
1)Requires the CDPH to consult with the State Water Resources
Control Board (State Water Board) in the process of
investigating and reporting to the Legislature, by December
31, 2016, on the feasibility of developing uniform water
recycling criteria for direct potable reuse.
2)Requires the CDPH, in developing uniform water recycling
criteria for surface water augmentation, to consider, among
other reports, the National Research Council of the National
Academies' report titled "Water Reuse: Potential for Expanding
the Nation's Water Supply Through Reuse of Municipal
Wastewater."
3)Sets the deadline of February 15, 2014 for the CDPH to convene
and administer an expert panel to advise it on public health
issues and scientific and technical matters regarding the
development of uniform water recycling criteria for indirect
potable reuse through surface water augmentation, and to
investigate the feasibility of developing uniform water
recycling criteria for direct potable reuse.
4)Requires the expert panel to assess any additional areas of
research needed to establish uniform regulatory criteria for
direct potable reuse, and to recommend an approach for
accomplishing needed research in a timely manner.
5)Requires the CDPH, in consultation with an advisory group and
the State Water Board, to select the expert panel members.
6)Requires the CDPH to convene, no later than January 15, 2015,
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an advisory group or task force, with specified types of
representatives, to advise the expert panel regarding the
development of uniform water recycling criteria for direct
potable reuse.
7)Requires the CDPH, in consultation with the State Water Board,
to select the advisory group members.
8)Requires the advisory group to the CDPH to follow the
requirements of the state's open meetings law.
9)Authorizes the CDPH to contract with a public university or
other research institution, with experience in convening
expert panels on water quality or potable reuse, to complete
the requirements of Items 3 through 8, noted above, should the
CDPH find that the research institution is better able to
fulfill these requirements.
10)Allows the CDPH to accept funds from non-state sources,
rather than from any source, and to expend these funds, upon
appropriation by the Legislature, to develop and adopt uniform
water recycling criteria for indirect potable reuse for
groundwater recharge and for surface water augmentation.
EXISTING LAW :
1)Requires the CDPH to investigate and report to the
Legislature, by December 31, 2016, on the feasibility of
developing uniform water recycling criteria for direct potable
reuse.
2)Requires the CDPH, in developing uniform recycling criteria
for surface water augmentation, to consider specified reports,
monitoring results, studies, risk assessments, research and
recommendations of advisory panels, water institutes, the
State of California, the U.S. Environmental Protection Agency
(US EPA), and other relevant research and studies regarding
indirect potable reuse of recycled water.
3)Requires the CDPH to convene and administer an expert panel to
advise it on public health issues and scientific and technical
matters regarding the development of uniform water recycling
criteria for indirect potable reuse through surface water
augmentation, and to investigate the feasibility of developing
uniform water recycling criteria for direct potable reuse.
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Existing law specifies the types of professional experience
required of the expert panel members.
4)Authorizes the CDPH to appoint an advisory group or task force
with specified types of representatives, to advise the CDPH
regarding the development of uniform water recycling criteria
for direct potable reuse.
5)Allows the CDPH to accept funds from any source, and to expend
these funds, upon appropriation by the Legislature, to develop
and adopt uniform water recycling criteria for indirect
potable reuse for groundwater recharge and for surface water
augmentation.
FISCAL EFFECT :
According to the Senate Appropriations Committee analysis, since
the CDPH has not yet commenced developing the criteria on using
recycled water for surface water augmentation and direct potable
reuse, the additional workload required by this bill will likely
be minimal. At most, Senate Appropriations staff anticipates
the costs to be in the low tens of thousands. These costs can
be covered either by future appropriations from the Waste
Discharge Permit Fund or by non-state funds received by the CDPH
for this purpose.
COMMENTS :
1)Background. In 2010, the Legislature passed SB 918 (Pavley,
Chapter 700, Statutes of 2010) which requires the CDPH to
adopt uniform water recycling criteria for indirect potable
use for groundwater recharge by December 31, 2013, and to
adopt uniform water recycling criteria for surface water
augmentation by December 31, 2016. That legislation specifies
that the CDPH shall not adopt uniform water recycling criteria
for surface water augmentation unless the expert panel adopts
a finding that the proposed criteria would adequately protect
public health. That legislation also requires that the
adoption of uniform water recycling criteria by the CDPH is
subject to the state laws governing the adoption of state
regulations. These latter requirements include public notice
of the proposed regulations, an opportunity to comment, and a
review by the Office of Administrative Law.
2)Need for bill. According to the author, and the source of the
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bill, the San Diego County Water Authority, the timely
completion of an expert panel report and recommendations from
the CDPH on the ability to ensure a safe water supply through
direct potable reuse projects is critical for the planning of
potable reuse projects in California. They also state that
while no agencies are currently proposing direct potable reuse
projects, the safe use of advanced treated purified water for
direct potable water would result in significant cost savings
when constructing and operating infrastructure, and reducing
energy consumption.
3)Purpose of bill. The purpose of this bill is to strengthen
current legislation regarding recycled water and to assist in
the development of uniform criteria and regulations that can
help the state achieve its goals to increase the use of
recycled water. Specifically, the bill modifies the make-up
of the expert panel, requires the CDPH to select an advisory
group, sets deadlines for the expert panel and the advisory
group to convene, and requires the CDPH to consult with the
State Water Board when investigating the feasibility of
developing uniform water recycling criteria for direct potable
reuse.
4)State water recycling policy. In 2009, the State Water Board
adopted Resolution No. 2009-0011 to update the state's water
recycling policy. This state policy includes the goal of
increasing the use of recycled water in the state over 2002
levels by at least 1 million acre feet per year by 2020 and by
at least 2 million acre feet per year by 2030. State law
recognizes that the use of recycled water for indirect potable
reuse is critical to achieving the State Water Board's goals
for increased use of recycled water for the state. State law
also declares that the achievement of the state's goals
depends on the timely development of inform statewide
recycling criteria for indirect and direct potable water
reuse.
5)Regulations regarding groundwater replenishment with recycled
water. In November 2011, the CDPH released revised draft
regulations addressing groundwater replenishment using
recycled water from domestic wastewater sources, for aquifers
designated as a source of drinking water. In December 2011,
the CDPH held workshops throughout the state and requested
written comments from interested parties. The proposed
regulations are designed to replace the existing regulations,
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adopted in 1978. The CDPH states in its website that although
SB 918 (Chapter 700, Statutes of 2010) requires the CDPH to
adopt revised groundwater replenishment regulations by
December 31, 2013, it is unlikely to meet this deadline since
the CDPH has not received the additional resources necessary
to do so. Nevertheless, proposed groundwater replenishment
(and surface water augmentation) projects continue to move
forward.
6)Definition of key terms:
a) Recycled water. State law defines "recycled water" as
water which, as a result of treatment of waste, is suitable
for a direct beneficial use or a controlled use that would
not otherwise occur and is therefore considered a valuable
resource. Recycled water, also known as reclaimed water,
is former wastewater (including sewage) that has been
treated to remove solids and certain impurities, and then
allowed to recharge the aquifer rather than being
discharged to surface water. Recycled water is used for
many purposes including agricultural irrigation, landscape
irrigation, groundwater recharge, energy generation, and
seawater intrusion barriers. Before recycled water can be
used for these beneficial uses, the regional water boards
and the CDPH require treatment to remove pollutants that
could be harmful to the beneficial use.
b) Direct potable reuse. State law defines "direct potable
reuse" as the planned introduction of recycled water either
directly into a public water system or into a raw water
supply immediately upstream of a water treatment plant.
c) Indirect potable reuse for groundwater recharge. This
term means the planned use of recycled water for
replenishment of a groundwater basin or an aquifer that has
been designated as a source of water supply for a public
water system.
d) Surface water augmentation. This term means the planned
placement of recycled water into a surface water reservoir
used as a source of domestic drinking water supply.
e) Uniform recycling criteria. State law requires the CDPH
to establish uniform statewide recycling criteria for each
varying type of recycled water where the use involves the
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protection of public health.
7)Clarification needed regarding additional research by the
expert panel. The bill would require the expert panel to
assess any additional areas of research needed to establish
regulatory criteria for direct potable reuse, and "then to
recommend an approach for accomplishing any additional needed
research in a timely manner." In the same paragraph, the bill
also requires the CDPH to convene an expert panel to advise it
on public health issues regarding the development of uniform
water recycling criteria for indirect potable reuse through
surface water augmentation. Thus, the bill is not clear
whether the expert panel is required to make this assessment
only with regard to direct potable reuse, or if the expert
panel is also required to make this assessment in connection
with indirect potable reuse through surface water
augmentation. The following amendment would clarify this
matter:
In Section 3 of the bill, paragraph (a) (1), at the last
sentence, amend as follows:
The expert panel shall then recommend an approach for
accomplishing any additional needed research regarding uniform
criteria for direct potable reuse in a timely manner.
8)Bill is double-referred. If this bill is approved by this
Committee, this bill is to be referred to the Committee on
Water, Parks, and Wildlife.
REGISTERED SUPPORT / OPPOSITION :
Support
San Diego County Water Authority (Sponsor)
California Association of Sanitation Agencies
California Coastkeeper Alliance
East Bay Municipal Utility District
Irvine Ranch Water District
Opposition
None received
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Analysis Prepared by : Manny Hernandez / E.S. & T.M. / (916)
319-3965